eLearning: Onus of Proof in Probate Matters

The Law Society of Western Australia
Level 4, 160 St Georges Terrace Perth

This seminar is a must for practitioners who deal with contentious probate matters for its detailed discussion of the shifting onus of proof in this area.

Complete this seminar to understand how the onus of proof shifts in solemn form probate actions and the relevance of presumptions in proving a will.

Gain a sound knowledge of:

  • Who has the onus of proving that an instrument is a will?
  • How is that onus discharged?
  • When does the presumption of testamentary capacity arise, when is it necessary for the propounder to lead evidence as to testamentary capacity?
  • When does the onus shift, and how is that onus discharged?
  • To what extent is there an onus on the propounder of the earlier of two wills, to prove the invalidity of the second will?

Please note that this seminar is text based without video content.

  • 1 points Competency 2 Professional Skills



Dr Peter MacMillan
Francis Burt Chambers

CPD Freedom